The law
Pennsylvania's college NIL law is 24 P.S. §§ 20-2001-M to 20-2009-M (Public School Code of 1949, Article XX-M) (status: in force). Everything on this page is taken from the enacted text on the legislature's own site, linked under Sources, read on October 21, 2026.
What it says
| Question | What the statute says | Section or source |
|---|---|---|
| Who is covered | A "college student athlete" enrolled at, and competing for, a Pennsylvania institution of higher education (State System universities, Penn State, Pitt, Temple, Lincoln and other State-related schools, Thaddeus Stevens, community colleges, a college established under Article XIX-G, degree-granting private colleges chartered in Pennsylvania, licensed private schools and approved foreign corporations). Intramural, club and professional athletes are excluded. Prospective athletes and signees are not mentioned. | § 2002-M |
| Disclosure to the school | The athlete "may disclose the contents of the contract prior to execution" to an official the school designates; the school "may have policies" on when and what is disclosed. Before Act 89 of 2024 disclosure was required ("shall"). A school that receives direct payment from a third party arising from the athlete's NIL contract must disclose that financial relationship to the athlete "in a timely manner". | § 2006-M(f)(1)-(3) |
| Banned categories | No NIL pay in connection with a person or company tied to adult entertainment; alcohol; casinos and gambling, including sports betting, the lottery and betting on video, online and mobile games; tobacco and electronic smoking products; prescription pharmaceuticals; or a controlled dangerous substance. | § 2006-M(d) |
| Conflicts with team contracts | A school may prohibit NIL activity that conflicts with institutional sponsorship arrangements existing when the athlete signs or discloses the contract, may prohibit activity on other grounds "such as conflict with institutional values", and must have policies naming the NIL activities allowed and not allowed. The law grants no right to use school, conference or NCAA names, logos or marks. | § 2006-M(b), (e) |
| School and coach involvement | Schools, conferences and associations are not required to "identify, create, facilitate, negotiate or enable" NIL opportunities. The statute sets no limit on coach or staff involvement (the 2021 bar on a school's representative also representing the athlete was dropped in 2022). | § 2006-M(a) |
| Direct pay from the school | Not expressly authorized. The NCAA, a conference or a similar body may not open an investigation or take adverse action against a school, its affiliate, an employee or an athlete "for directly compensating a college student athlete" for NIL. | § 2003-M(c)(3) |
| Agents and attorneys | Schools, the NCAA and conferences may not interfere with an athlete getting NIL representation. Representation must come from an athlete agent acting under 5 Pa.C.S. Ch. 35 (registration with the State Athletic Commission, § 3504) or a lawyer admitted in Pennsylvania. An NIL agent contract must say it does not obligate the athlete to use the agent beyond NIL. | § 2004-M(a)-(c) |
| High school and minors | Not addressed by Article XX-M, which covers enrolled college athletes. The separate agent act's "student athlete" definition includes interscholastic athletes (5 Pa.C.S. § 3502). | § 2002-M |
| Financial literacy | Not addressed | Art. XX-M |
| Scholarship protection | NIL pay may not affect scholarship eligibility, duration or renewal, and an athletics grant-in-aid may not be revoked or reduced because of NIL pay unless federal or state student aid rules require it. | § 2005-M |
| Confidentiality of contracts | Not addressed | Art. XX-M |
| NCAA and conference penalties | The NCAA, conferences and similar bodies may not prevent an athlete from earning NIL pay, may not keep a school from full participation because of an athlete's NIL, may not penalize a school or athlete over NIL representation, and may not "entertain a complaint, open an investigation or take any other adverse action" over permitted activity or direct NIL compensation. | § 2003-M(c), § 2004-M(a)(2) |
| Remedies and enforcement | Private civil action by the athlete against any person who violates the article, with costs and reasonable attorney fees to a prevailing plaintiff; a right to adjudicate Pennsylvania claims in Pennsylvania; legal settlements made on or after 2021-06-30 "may not permit noncompliance". | § 2007-M, § 2008-M |
| Employee status | Not addressed | Art. XX-M |
The same law, three addresses
Pennsylvania's college NIL law has been re-enacted twice without a gap. Act 26 of 2021 (SB 381, approved 2021-06-30) added Article XX-K to the Public School Code. Act 139 of 2022 (HB 2633, approved 2022-11-03) repealed Article XX-K and re-enacted it as 5 Pa.C.S. Chapter 37, saying the new chapter "is a continuation" of the old article. Act 89 of 2024 (SB 1150, approved 2024-07-17) repealed Chapter 37 and re-enacted it as Article XX-M, again "a continuation". Older guides that cite Article XX-K or 5 Pa.C.S. § 3701 and following describe repealed text.
What changed in 2024
Act 89 of 2024 made four substantive changes to the text carried over from 2022:
- Market value and attendance limits removed. The 2021 and 2022 text said NIL pay "shall be commensurate with the market value" and "may not be provided in exchange ... for a current or prospective college student athlete to attend, participate or perform at a particular institution." Neither sentence is in § 2003-M(a).
- Disclosure became optional. "Shall disclose" became "may disclose", and "shall have policies" on timing became "may have policies" (§ 2006-M(f)(1)-(2)).
- A shield for direct compensation. New § 2003-M(c)(3) bars the NCAA, conferences and similar bodies from entertaining a complaint, opening an investigation or taking adverse action "for directly compensating a college student athlete" for NIL.
- Sponsorship conflicts at signing. A school may now bar a conflict with sponsorships existing when the athlete "executes" the contract, not only when it is disclosed (§ 2006-M(e)(1)).
Article XX-M has not been amended since, including after the House settlement was approved on 2025-06-06 (the date S. 4668 gives for it).
How it changed
| Act | What it did | Effective |
|---|---|---|
| Act 26 of 2021 (SB 381) | added Article XX-K to the Public School Code, with NIL pay "commensurate with the market value" and not in exchange for attending a particular school; disclosure to the school at least seven days before signing; banned categories; royalties; private civil action | 2021-06-30 |
| Act 139 of 2022 (HB 2633) | repealed Article XX-K and re-enacted it as 5 Pa.C.S. Ch. 37; dropped the bar on schools arranging third-party pay as a recruiting inducement and the financial-advisor route; disclosure "prior to execution" on a timeline set by school policy; added the school's duty to disclose its own third-party payments and the agent-contract statement; revised the athlete agent act (5 Pa.C.S. Ch. 35) | 2022-11-03 |
| Act 89 of 2024 (SB 1150) | repealed 5 Pa.C.S. Ch. 37 and re-enacted it as Article XX-M of the Public School Code; removed the market-value and attendance limits; made disclosure to the school optional ("may"); barred the NCAA and conferences from acting against a school for directly compensating an athlete for NIL | 2024-07-17 |
Federal law
As of 2026-10-21, S. 4668 (Protect College Sports Act) passed the Senate 77-22 on 2026-09-28 and has been held at the House desk since 2026-10-05; it is not law. If enacted as passed, § 121(a)(2) bars state laws that "govern, regulate, or invalidate" NCAA, conference or school rules on NIL compensation, which on its text reaches Pennsylvania's bars on school rules (§ 2003-M(b)) and on NCAA and conference action (§ 2003-M(c), including the direct-compensation shield in (c)(3)), and § 2008-M's rule on settlements as applied to those rules. The bill's § 101(c) would itself let an institution, conference or third party pay a student athlete for NIL, subject to the bill's other requirements. § 121(b)(1) keeps "Uniform Athlete Agent Acts", contract, trademark, privacy and consumer protection law unless they conflict with § 121(a), so 5 Pa.C.S. Ch. 35 sits in the preserved list. The bill's own rules would sit alongside: Division I athletes reporting deals over $600 within 5 days (§ 101(b)), a 5% cap on agent fees for endorsement contracts (§ 102), and scholarship protection (§ 101(a)(1)(C)-(D)). The royalty rule (§ 2003-M(d)), the banned categories (§ 2006-M(d)) and the representation bars (§ 2004-M(a)) are not named either way in § 121.
What sits on top of it
- Division I reporting. Third-party deals of $600 or more go to NIL Go within five business days, whatever the state's own rule (NIL Go, reporting a deal, level by level).
- Your school. A school can set a stricter policy than the statute, and most set the disclosure process.
- Agents. Pennsylvania's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in Pennsylvania is set by the state's athletic association, not this statute.
- Taxes. NIL taxes in plain words.
How Leave fits
In Leave, every deal thread carries a rules summary for the athlete's state and level, and keeps the contract, its dates and the disclosure deadline that applies. It is a summary, not a ruling; the school and the statute decide. Leave is software, not an agent, and takes 0% of any deal. You decide, you send.
Questions about college NIL law in Pennsylvania
What is Pennsylvania's NIL law in 2026?
Article XX-M of the Public School Code, 24 P.S. § 20-2001-M and following, added by Act 89 of 2024 and in force since 2024-07-17. It is the third home for the same law: Act 26 of 2021 put it in the School Code as Article XX-K, Act 139 of 2022 moved it to 5 Pa.C.S. Ch. 37, and Act 89 of 2024 moved it back. No act has amended Article XX-M since, through the acts listed on the General Assembly's site as of 2026-10-21.
Can Pennsylvania colleges pay athletes directly?
The statute does not say schools may pay, but since 2024 it bars the NCAA, a conference or a similar body from opening an investigation or taking adverse action against a school, its employees or an athlete "for directly compensating a college student athlete" for NIL (§ 2003-M(c)(3)). It also says schools are not required to create or arrange NIL deals (§ 2006-M(a)).
Do I have to tell my school about an NIL deal in Pennsylvania?
Not under state law since Act 89 of 2024. Section 2006-M(f) says an athlete "may disclose" a proposed contract before signing to an official the school designates, and the school "may have policies" on timing and contents. From 2021 to 2024 disclosure was required. School policy, conference rules and NCAA rules can still require reporting.
Does Pennsylvania require an NIL agent to be licensed?
Section 2004-M(b) says representation must come from an athlete agent acting under 5 Pa.C.S. Ch. 35 or a lawyer admitted in Pennsylvania. Chapter 35 requires a certificate of registration from the State Athletic Commission (§§ 3502, 3504, 3505), with a $200 fee for an initial or renewal application (§ 3509(a), which the commission may raise by regulation under § 3509(b)) and a two-year term (§ 3506(f)). An NIL agent contract must say it covers nothing beyond NIL representation (§ 2004-M(c)), and the athlete may cancel an agency contract within 14 days (§ 3512).
What NIL deals are banned in Pennsylvania?
Section 2006-M(d) bars NIL pay connected to adult entertainment, alcohol, casinos and gambling (including sports betting and the lottery), tobacco and electronic smoking products, prescription pharmaceuticals and controlled dangerous substances. A school may also bar deals that conflict with its existing sponsorships or its values (§ 2006-M(e)).
Be your own agent. Leave.
